SANTRI LAL Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal has been preferred by appellant Santri Lai, against the judgement and order dated 30-08-1983 passed by Sessions Judge, Uttarkashi, convicting him under section 302, 394/397 and 324 Penal Code and sentencing for life (u/s 302 IPC), 7 years' rigorous imprisonment (u/s 394/397 IPC) and 2 years' rigorous imprisonment (u/s 324 IPC).

(2.) The prosecution case, in brief, is that Santri Lal on 04-04-1982 at about 8:15 a.m. at Uttarkashi, Bhatwari Motor Road Gawana bend intentionally or knowingly committed murder of Smt. Ujela Devi W/o Ram Kishan. According to the prosecution, Sri Ram Kishan along with his wife deceased Ujela Devi were going from Uttarkashi to their Village Bayana, Patti Nalol Kathoor, district Uttarkashi on foot. As soon as they reached at Gawana motor road bend, a road to their village, the accused/appellant- Santri Lal (hereinafter called as appellant) appeared at the scene of the occurrence and tried to snatch the gold Timania (an ornament which is put on the neck) from Smt. Ujela Devi. On making resistance by Smt, Ujela Devi, the appellant took out his knife and gave knife blow on the wrist of Smt. Ujela Devi. The complainant Ram Kishan (husband of Smt. Ujela Devi) resisted the attempt to robbing his wife. Then the appellant, in turn, gave knife blows to Ram Kishan causing injuries on his person. The appellant, thereafter gave more serious blows of knife at the breast and ribs of Smt. Ujela Devi causing her fatal injuries with the result Smt. Ujela Devi fell down on earth and died instantaneously. The appellant cut away the gold Timania from the neck of the deceased and made his escape good from the place of the occurrence.

(3.) On raising alarm by Ram Kishan and Ujela Devi, Kameshwar Prasad (PW5) reached on the place of occurrence and found that Smt. Ujela Devi was lying dead on the road.